Sushanta Behera & vs State Of Odisha &
2023 Latest Caselaw 11177 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.716 of 2023

              Sushanta Behera                  &.   Appellant/
                                                    Petitioner

                                Mr. J.K. Panda, Advocate

                                    -versus-

              State of Odisha                  &.   Respondent/
                                                      Opp. Party

                                Mr. Manoranjan Mishra
                                Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No. 12.09.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Mr. J.K. Panda, learned counsel submitted that he has filed power on behalf of the appellant on 01.08.2023.

Registry shall place the vakalatnama on record. The name of Mr. J.K. Panda, learned counsel for the appellant be reflected in the cause list as well as at the top of the brief henceforth.

Learned counsel for the appellant served the copy of the appeal memo along with the impugned judgment and copies of interim applications on the learned counsel for the State in Court today.

Therefore, the defect no.5(d) as pointed out by the // 2 //

Stamp Reporter is removed.

Learned counsel for the appellant files the High Court Bar Association fees of Rs.50/- (rupees fifty) and Advocate9s Clerk Welfare fees of Rs.10/- (rupees ten) in Court today, which is taken on record.

Accordingly, the defect no.5(e) as pointed out by the Stamp Reporter is removed.

Heard.

Admit.

Call for the trial Court record.

Learned counsel for the appellant files the deposition copies of the witnesses after serving copies thereof on the learned counsel for the State, which are taken on record.

                                                     ( S.K. Sahoo)
                                                         Judge

                           I.A. No.             of 2023

02. This is an application under Section 389 of Cr.P.C.

for grant of bail.

Let the Registry register the interim application. Heard.

The appellant-petitioner has been convicted under sections 376/511 of the Indian Penal Code and section 10 of the POCSO Act and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs.5,000/-

// 3 //

(rupees five thousand), in default, to undergo further R.I. for a period of three months for the offences under sections 376/511 of the Indian Penal Code and no separate punishment is awarded under section 10 of the POCSO Act in view of section 42 of the said Act by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada in G.R. Case No.1035 of 2014.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and the substantive sentence imposed by the learned trial Court against the petitioner is for five years and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

                                      ( S.K. Sahoo)
                                          Judge



                                               // 4 //



                                          I.A. No.        of 2023

03. Let the Registry register the interim application.

Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant- petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Sep-2023 14:35:29